A company may be fined a maximum of $50 million for an offence against the genetic heritage and associated traditional knowledge under the Traditional Knowledge and Traditional Cultural Expression Bill 2023.
After the current consultation process by the Ministry of iTaukei Affairs, the Bill is scheduled to become law in November.
The draft states a Traditional Cultural Expressions Council will have the powers to impose fines. Any breach will begin with a warning, followed by a fine or penalties.
“The fines or penalty shall be determined by the council according to the gravity of the offence and may vary from $2000 to $25,000 in the case of a natural person, or $10,000 to $50,000,000 in the case of a corporation.
“In the event of a repeat offence or non-payment of an imposed fine within the time ordered by the council, the fine shall be doubled,” states the draft.
The draft also provides for the council to have powers to order confiscation of samples and products of components of the genetic heritage and of instruments used for collecting or processing, or confiscation of products obtained on the basis of information relating to associated traditional knowledge or cultural expressions.
The draft also allows the council to order the suspension of sales and confiscation of samples and products.
